Savannah, TN – Tuesday’s testimony in the Sharron Chason murder trial shifted the focus primarily to the professionals – including the medical personnel who played some part in the drama surrounding her husband’s death. Jurors heard testimony from Jeannie Walker, a registered nurse at the Jackson-Madison County E.R. She told the Court that she first encountered Sharron Chason shortly after Freddie arrived at the hospital. Walker testified that Sharron didn’t ask how her husband was doing, instead she reportedly said, “I’m his wife, and I’m in b-- mode; that’s the only way I can cope.” But Walker also testified she saw Sharron crying outside his hospital room several days later.

The most significant medical witness of the day was Dr. Joseph Peters, Freddie Chason’s primary care physician. He testified that he saw Freddie on a fairly regular basis, beginning in 2002 for severe high blood pressure. Peters said he last saw Chason in March of 2008, for blood work weeks before his death. In addition to his high blood pressure, Chason had other ailments, such as a serious weight problem and possible sleep apnea. But Dr. Peters’ medical records also indicate another health condition: borderline diabetes.

Much has been made prior to the trial of the fact that Sharron Chason supposedly sold her husband’s battery business while he was still on life support… something that could theoretically be seen as an act of greed. But Mark McIntosh, a longtime friend of Freddie’s – and someone who also worked in the battery business – testified that he and his boss actually came up with the idea of the sale in order to keep the business going.

–Michael Christian, In Session producer

Fort Myers, Florida – Tuesday Jurors will hear closing arguments in the trial of a Fort Myers man charged with murdering his estranged wife and mother-in-law.

Prosecutors rested their case Friday morning. The defense did not put on a case.

Over the course of five days, prosecutors called 23 witnesses, including a former lead detective who admitted he could have done more in the initial investigation. Jurors also heard from two of Whitney Mendez’s co-workers who claim to have been on the phone with Whitney Mendez when she yelled at her male attacker the day prosecutors believe she was brutally murdered.

Friday, one of the co-workers, Ashley Crouch, broke down in tears as she testified she heard the defendant threaten Whitney Mendez in a telephone call the day before prosecutors allege she was killed. “You can’t take my son from me. You’ll be sorry, you’ll be very sorry. I’ll kill you and the b**** . I’ll kill you and your mom,” Crouch said she heard Juan Mendez say.

Earlier Friday, the presiding judge, Hon. Mark Steinbeck, instructed jurors not to consider a statement Crouch made Thursday suggesting the defendant was on probation. “You are in no way to consider this statement in this case and are to disregard it completely. The probation referred to relates to an offense related to the operation of a motor vehicle.

The statement prompted the defense to motion for a mistrial Friday morning but they later withdrew it in favor of the curative instruction.

Prosecutors say Juan Mendez Jr. stabbed Whitney Mendez and her mother over 20 times each in July 2006. If convicted, he faces life in prison.

Nancy Leung, In Session Producer

WATERLOO, Iowa – The Florida attorney who defended Cynthia Sommer in 2007 against murder charges that she poisoned her Marine husband in San Diego was disbarred last Thursday by the Florida Supreme Court. His disbarment is unrelated to Sommer’s case.

Cynthia Sommer

Robert Udell, who is licensed in California as well, was initially hired by Sommer in Florida. She was arrested in November 2005 in Florida where she had moved with her four children after her husband’s death in 2002. Her January 2007 murder trial ended in a conviction of first-degree murder. She was facing life in prison without the possibility of parole. Sommer then hired a new attorney, Allen Bloom, to fight for her life.

The trial judge, Peter Deddah, ordered a hearing on Bloom’s motion for a new trial. In late 2007, Udell testified at that hearing and admitted that he erred at the trial by “opening the door” to Sommer’s conduct which the judge had previously ruled inadmissible. That conduct in the months after her husband’s death included spending a small portion of her husband’s life insurance money on breast implants, dating Marines on the base, and participating in a wet tee shirt contest in Mexico. Udell opened the door to the admission of that evidence when he elicited testimony from a friend of Sommer’s that she was a grieving widow and wasn’t receiving appropriate support from the Department of Navy.

Judge Deddah ordered a new trial on the grounds that Sommer received ineffective assistance of counsel by Udell. Months later and before a new trial was held, she was freed when the District Attorney tested additional tissues from her husband that were subsequently found to be arsenic-free. Those test results cast doubt on the source of the original laboratory findings of toxic levels of arsenic in other tissue samples. Sommer has always maintained her innocence.

Udell was disbarred from the practice of law in Florida for cases he handled in that state, not for his representation of Sommer. The allegations were that he improperly handled legal fees between 2004 and 2008. He reportedly voluntarily agreed to the disbarment without admitting any wrongdoing.

Beth Karas, In Session correspondent

WATERLOO, IOWA –The Miami judge in Damon Darling’s trial is considering a defense motion to interview the jurors who convicted him of manslaughter and aggravated assault last month to determine if there was juror misconduct. The motion, filed two weeks by attorney Jonathan Meltz, also requests that the three alternates be interviewed. The State has not responded, yet, to the motion.

Damon Darling

Darling was convicted of manslaughter in the shooting death of nine-year-old Sherdavia Jenkins and the aggravated assault of Leroy Larose. Darling and Larose shot at each other in a Miami housing project. One of Darling’s bullets from the AK-47 he fired struck Jenkins in the neck and killed her almost immediately. She died in front of her mother.

The day after the jury’s October 8, 2008 verdict, Meltz received an anonymous call at his office from a man. His receptionist spoke to the man and took notes about his message. The caller said that juror “number 27, John, and Jesse” (another juror was Jesse Glass) were lifelong friends. He also said that John said they were going to “convict whomever was being judged.” It’s unclear when that statement was made—before or after the verdict—but that’s what the defense wants to explore. The caller, who was correct that juror John was number 27, may have been an alternate. If so, it’s possible the statement was made before jurors began deliberations. That could constitute misconduct as it would be a violation of the court’s instruction that there be no discussion or prejudging of the case before jurors retire to deliberate. In the motion, the defense claims the two jurors “improperly formed a fixed opinion as to guilt before the close of evidence.”

Meltz’s investigator confirmed that the grandparents of juror Jesse Glass live next door to juror Jonathan Hicks. Thus, it’s possible that the caller was correct that John and Jesse know each other. If they are friends, they did not disclose it at jury selection, though that fact, alone, is arguably harmless.

Meltz’s investigator also discovered that Jesse Glass was not truthful in one of his answers in the juror questionnaire. Question #11 states: “Have you, or a close friend or family member, ever been the victim of a crime? If so, describe briefly.” Glass’s response was “No.” In fact, on November 13, 2008, Glass was the victim of aggravated assault with a deadly weapon (one of the same crimes Darling was convicted of) in Homestead, Florida. Meltz filed Glass’s questionnaire and the Homestead police report with his motion to interview jurors.

Jurors take two oaths during the selection and trial process. The first oath is to answer all questions truthfully. That’s the oath that applies to the questionnaire and any answers during voir dire. The second oath is taken when the final panel is selected where they swear or affirm that they will follow the law and the court’s instructions in deciding the case.

Judge Tinkler Mendez has ordered a presentence report for November 10 with sentencing of Darling to follow at some later time. She could grant this latest request for a hearing. If so, sentencing will be postponed while potential juror misconduct is investigated. The best case scenario for Darling is that he is ultimately granted a new trial. The best case scenario for the Jenkins family is that the motion is denied and Darling is sentenced to prison for decades. If the hearing is denied, the matter of juror misconduct could be an issue on appeal.

Beth Karas, In Session correspondent

DURHAM, North Carolina–“Shoot me. Shoot me. You’ll love it.” Teenager Alvaro Castillo dared a deputy sheriff to shoot him minutes after Castillo opened fire at his former high school. It’s a tragic, frightening and sad story that emerged from opening statements and the first witnesses at Castillo’s first-degree murder, assault and weapons trial in Hillsborough, North Carolina.

Alvaro Castillo in court as prosecutors present their case

Testimony continues Tuesday morning. Castillo is charged with murdering his father, Rafael Castillo, just a few hours before opening fire at Orange High School. He left a note next to his father’s body that read: “Sorry I had to sacrifice him.” Police recovered more writings and recordings of Castillo that showed his fascination with the 1999 Columbine school massacre and other mass shootings.

It was 1:00 p.m. on August 30, 2006. Students were outdoors eating lunch at picnic tables. Castillo, 18 at the time, had graduated from Orange High the year before. He drove a van into the lot near the students, detonated something that created popping sounds and smoke, and then grabbed a rifle that witnesses mistook for an assault rifle. He pointed the rifle in the air, fired three times, then lowered it, pointed in the direction of the students and fired.

Inside the school, Andrew Hunt was frighteningly close to the spot where a bullet penetrated a window. He was spared serious injury though shards of glass cut his shoulder. Another student, Tiffany Utsman, was grazed by a bullet but, fortunately, no one was killed. The whole incident took about two minutes.

Deputy Sheriff London Ivey was assigned to Orange High School as its resource officer. He drew his weapon and ordered Castillo to drop his. Castillo complied and lay face-down on the ground. That’s when Castillo dared Ivey to shoot him, but Ivey told Castillo that he didn’t want to kill him. Aided by a retired highway patrol officer who taught drivers education, Ivey restrained Castillo until more police arrived.

Seated in a patrol car, Castillo tried to choke himself with the seat belt. He said: “This was sacrifice. It had to happen.” When asked what his rants meant, Castillo told the officers that he had killed his father. Police soon found the corpse of 65-year-old Rafael Castillo, shot seven times—six in the head–still on the couch in the Castillo home.

During the defense’s opening statement on Monday, Public Defender James Williams admitted his client committed the shootings but said he’s not criminally culpable because of his severe mental illness. He’s asserting an insanity defense. Williams spent the next 45 minutes describing a chaotic and dysfunctional home life, an abusive father, a mentally ill mother, and a young man who, by the age of 18, had been diagnosed with major depressive disorder, psychosis, and schizo-affective disorder.

By the time of the shootings, Williams declared, Castillo’s illness was so severe that he thought he was chosen by God to sacrifice his father and the students.

In the early years of his parents’ marriage, Castillo’s mother, Victoria, had doubts about the man she married. Rafael had become controlling, demeaning and physically abusive. Castillo, born in 1987, was the first of three children and the only son. Arguably, abuse toward Castillo started in the first months of his life when Rafael forbade his wife from bathing the infant in warm water; he thought cold water cured anything.

When Castillo was five years old, his father told him that his childhood was over. He didn’t allow the child to have friends. By 2001, when the Castillo family moved to North Carolina from California, Castillo was totally subservient to his father. He’d do anything to please his father and keep peace in the home.

Within a few years of moving to North Carolina, Castillo was having self-hate and suicidal thoughts. He became paranoid, believing there were cameras in the vents, that a woman in a picture was watching him and that the FBI and CIA were monitoring him closely. He became compulsive about the order of things at home. Then his obsession with Columbine began. He studied it, wrote about it and researched it.

On April 20, 2006, the seventh anniversary of the Columbine shootings, Castillo decided to kill himself. He had already bought a gun and was perilously close to firing it that day when his father came home unexpectedly. His father wrestled the gun from Castillo and called the police. Castillo was committed to a psychiatric facility for seven days where he was diagnosed with major depression and psychosis. He continued periodic outpatient treatment until July 24, 2006 when he was also diagnosed with schizo-affective disorder. While he was getting treatment for his mental illness, Castillo managed to purchase a rifle and a shotgun. He used the rifle on August 30, 2006 to kill his father and to shoot at the students.

Expected to take the stand Tuesday are the two men who apprehended Castillo at the school, the student who was grazed by a bullet, other eyewitness students, and officers who gathered evidence.

Watch live coverage of this case on In Session, beginning at 9 a.m.

–Beth Karas, In Session correspondent

NEW YORK – When the jury declared Tyler Edmonds not guilty in the murder of his brother-in-law last year, the emotion on both sides of the courtroom was palpable. Behind Edmonds sat his mother and rows of friends his own age; tears flowed and the stunned teenager received a barrage of hugs before he walked out of the courtroom a free man.

Tyler Edmonds

Still sitting on the opposite side of the gallery were the mother, brother, and sister-in-law of his alleged victim Joey Fulgham – a 29-year-old father of three, whose life ended when a single bullet pierced his skull as he lay sleeping in his bed. I was struck by the severe look on the faces of all three as they stared straight ahead. I asked Joey’s brother Shannon Fulgham about it when we met for an interview a few weeks later; pain and disbelief, he said.

Edmonds, now 20, is working as a yard and pool keeper, and begins night classes at the local community next month with an EMT/Paramedic major. He has filed a suit against Oktibbeha County and the state for monetary compensation, to help with the $60,000 debt he says he and his mother have amassed since his legal troubles began. The complaint paints a stark picture of the teen’s time behind bars: “Tyler witnessed multiple instances of inmates attempting suicide by slitting their wrists and continuous threats by inmates to jump off the catwalk. Tyler was surrounded by gangs and gang wars at all times while incarcerated, an atmosphere that would be intolerable for any adult, much less a child of his age,” the document reads.

Edmonds has also filed a claim under a new Mississippi law that entitles wrongfully imprisoned individuals to up to $50,000 per year of incarceration; for Edmonds, this could add up to $200,000.

The case had dragged on since Joey’s death in 2003, when his wife Kristi allegedly recruited her 13-year-old half-brother Tyler Edmonds as an accomplice in her husband’s murder. All seem to agree Kristi is a masterful manipulator, but Tyler’s role – and level of responsibility – was left for the jury to determine. He was already convicted of the murder once, at the age of 14, but that verdict was overturned by the State Supreme Court. And here he was again at the defense table, at 19, hearing the words he’d been waiting for; the seal on his walking papers. “It is amazing how that much worry and pain can be taken away by two words,” he told me later. He’s prayed, he said, that the Fulgham family will realize he did not kill Joey – but has come to realize there is nothing he can do about it.

Shannon Fulgham says one of the most difficult things for the family has been watching the rallying of support for Edmonds based largely on his age. Few of the individuals and organizations to step forward know the facts of the case, he says; none have expressed concern for Joey’s essentially orphaned children, who now are in the care of Kristi’s mother.

In an update Edmonds sent me last week, he says it’s comforting to be able to look towards the future without worrying about going back to jail. “It's still hard sometimes, but considering all that I've survived thus far, something tells me I will be quite alright.”

Kristi, now on death row for the murder, has written him and apologized, he says; he has no intention of responding.

-Lena Jakobsson, In Session field producer

NEW YORK–In Session viewers may remember Richard Gagnon, who was convicted last year and sentenced to two life terms for the murders of a South Carolina couple.

Gagnon testified that he did not shoot Charles and Diane Parker and that he didn’t know who did, contradicting a cellmate who claimed he confessed to the murders.

Gagnon was living with Bambi Bennett, Diane Parker’s daughter. Investigators believed that Gagnon killed his girlfriend’s mother and stepfather to clear the way for her to inherit their estate, worth $700,000. Gagnon’s defense was boosted by crime scene evidence. There was blood at the home, the killer’s blood - but it didn’t belong to Gagnon.

Prosecutors have since found the mystery bleeder. DNA from the Parker crime scene has been matched to Bruce Hill, who is currently in a Tennessee Correctional Center.  Earlier this month, Hill was charged with two counts of murder and burglary in the Parker case. While investigators have not been able to establish the link between Hill and Gagnon, they do not believe it diminishes Gagnon’s involvement in the case.

“We suspect there’s a certain way they know each other,” said Lt. Jamie DeVari, commander of criminal investigations for the Horry County Police Dept. DeVari said it may take a more time to establish the connection, but remained confident in Gagnon’s guilt. “We believed all along there was more than one participant.”

–Grace Wong, In Session senior field producer

NEW YORK–Closing arguments begin today in the second-degree murder trial of legendary music producer Phil Spector. Spector is on trial, again, for the shooting death of actress Lana Clarkson at his mansion in February 2003.

Phil Spector and wife Rachelle Spector walk into Superior Court of Los Angeles County

Spector’s first trial ended with a mistrial when jurors deadlocked, 10-2 in favor of conviction, in September 2007. Unlike the first trial, this time jurors will consider the lesser charge of involuntary manslaughter.

The state’s case, basically the same in both trials, was built on circumstantial evidence presented in three parts: women who had dated Spector and had guns pulled on them by him, witnesses who were with or saw Spector on the evening of the shooting, and police and other forensic experts who collected evidence and interpreted the scene of the shooting. The state’s case was presented by Deputy District Attorneys Alan Jackson (recently promoted to the number two position in the Major Crimes Division) and Truc Do.

Spector hired a new attorney for his retrial but the defense was the same—that at 40, Clarkson was despondent with her struggling acting career and killed herself in a final dramatic act at his home.

Spector's new defense attorney, Doron Weinberg, presented expert witnesses not called in 2007. This time, there was a suicidologist who opined that Clarkson killed herself, and an expert in memory and eyewitness testimony who was called to discredit a key prosecution witness, limo driver Adriano DeSouza. DeSouza testified that Spector opened the back door minutes after the shooting, with gun still in hand, and said: “I think I killed somebody.” The expert witness described how witnesses’ recall of events can be erroneous when influenced by stress and how well they observe the event.

In each trial, evidence was presented over five months though fewer witnesses testified for each side in the retrial. In the first trial, the state called 42 witnesses and the defense called 35 witnesses. In the second trial, the state called 36 witnesses and the defense called 18 witnesses.

Both sides rested on March 16. Closing arguments are expected to last up to three days.

Spector faces 15 years to life in prison if convicted of second-degree murder. Involuntary manslaughter carries a sentence of two to four years. The use of a gun may also increase the sentence.

Spector has been free on $1 million bond since 2003.

–Beth Karas, In Session correspondent

BARTOW, Florida – The Bartow, Florida trial of a man accused of savagely killing a gay man is under way and prosecutors will continue calling witnesses to the stand Tuesday.

Defendant Joseph Bearden in Bartow, Florida court

The trial began Monday, after four days of jury selection. Joseph Bearden, now 23, is charged with repeatedly stabbing 25-year-old Ryan Skipper in the early morning hours of March 14, 2007.

Bearden, an admitted methamphetamine addict, claims that Skipper was actually killed by co-defendant William Brown, Jr. (who is scheduled to be tried for the murder at a later date). But the State of Florida says both men are criminally responsible for Skipper’s death, no matter who actually wielded the fatal weapon.

The first prosecution witness to take the stand Monday was Charlotte Upchurch, the woman who first discovered Skipper's body. At apporximately 1 am on March 14, 2007, she left her rural Polk County home to go purchase some cigarettes. As she drove down a gravel road on her way to the convenience store, she saw something she wasn't expecting. "There was a man's body lying in the road...I called out to him, and there was no answer and no movement." Upchruch called 911 and was told to wait for the officers to arrive. According to Upchurch, the body was lying face down in the road. She has no memory of seeing the victim's face.

The day's other two witnesses were both Polk County deputies. One helped secure the area where the body was found; the other located the victim's missing car the following afternoon.

Stay tuned to In Session for live coverage of the trial.

-In Session staff